QUESTION
Do I have to file I-864 together with I-130 if I want to petition for my step daughter?
Asked on Mar 07th, 2013 on Immigration - Colorado
More details to this question:
I want to file I- 130 for my step daughter who’s under 18 and lives outside the United States. My question is, do I have to file form I -864 with the I - 130? Also, is she required to file adjustment of status I -485 after her arrival to the United States? I understand that we put the city and the country name on the I -130 and send it to the lockbox and the United States Citizenship and immigration Services will notify the local embassy, is that correct?
5 ANSWERS
Adebola O. Asekun
You should not have to file the Form I-864 when you are filing the Form I-130 petition since the beneficiary is outside the US. However, when CIS approves the I-130 , your next step is to file immigrant visa applications with the NVC. At that time, as the petitioner, you will include the I-864 with the immigrant visa package that is sent to the Embassy by the NVC.
Answered on Mar 11th, 2013 at 8:13 PM
Rebecca T White
The I-130 is filed first. If she is out of the country, the I-864 will be processed through the National Visa Center. She will then enter as a green card holder, and will not need to file the I-485.
Answered on Mar 08th, 2013 at 5:30 AM
If she is overseas, you only file the I-130 and supporting documentation. Once it is approved, it will be forwarded for consular processing in her country of residence and if everything is approved, she will be issued an immigrant visa to enter the US, whereupon she will be a permanent resident. She will not need to do adjustment of status. This is done for a foreign national who is already in the US and for whom an immediate relative petition I-130 is being filed.
Answered on Mar 08th, 2013 at 12:36 AM
No. Just file the I-130 now. She will do consulate processing. I-485 is not required.
Answered on Mar 07th, 2013 at 8:52 PM
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You do not have to file the I-864 with the I-130, but you will need to prepare it for the NVC after the I-130 is approved.
Answered on Mar 07th, 2013 at 8:20 PM